Reopening Assessments invalid where satisfaction and jurisdictional approval are absent for third party seized material, leading to quashing of assess...
Benami property exclusion from the insolvency estate: Benami Act proceedings preclude IBC tribunals from reopening attachments or treating such assets...
Exclusion of limitation period: pandemic suspension plus debtor acknowledgement can extend limitation, requiring fresh factfinding on guarantee invoca...
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Approval of a resolution plan under Section 31(1) of the IBC renders the plan binding and extinguishes claims not included in it, so an unresolved counterclaim cannot be pursued for affirmative relief after CIRP. However, reading paragraph 12.4.1 of the plan, the Court found no express or implied bar on a defensive plea of set-off, applying expressio unius est exclusio alterius to reject a broader exclusion. The respondent may therefore rely on set-off only to reduce or defeat the appellant's claim, without any positive recovery or surplus amount, and the ruling is confined to the wording of the plan and the facts stated.
Approval of a resolution plan under Section 31(1) of the IBC renders the plan binding and extinguishes claims not included in it, so an unresolved counterclaim cannot be pursued for affirmative relief after CIRP. However, reading paragraph 12.4.1 of the plan, the Court found no express or implied bar on a defensive plea of set-off, applying expressio unius est exclusio alterius to reject a broader exclusion. The respondent may therefore rely on set-off only to reduce or defeat the appellant's claim, without any positive recovery or surplus amount, and the ruling is confined to the wording of the plan and the facts stated.
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